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THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 93 – BNSS | Provisions of this Chapter generally applicable to summons and warrants of arrest.

Section 93 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 93 – BNSS | Provisions of this Chapter generally applicable to summons and warrants of arrest. The provisions contained in this Chapter relating to summons and warrant, and their issue, service and execution, shall, so far as may be, apply to every summons and every warrant of arrest issued under this Sanhita.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 92 – BNSS | Arrest on breach of bond or bail bond for appearance

Section 92 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 92 – BNSS | Arrest on breach of bond or bail bond for appearance When any person who is bound by any bond or bail bond taken under this Sanhita to appear before a Court, does not appear, the officer presiding in such Court may issue a warrant directing that such person be arrested and produced before him

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 377 – BNSS | Procedure where person of unsound mind detained is declared fit to be released.

Section 377 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 377 – BNSS | Procedure where person of unsound mind detained is declared fit to be released. (1) If a person is detained under the provisions of sub-section (2) of section 369, or section 374, and such Inspector-General or visitors shall certify that, in his or their judgment, he may be released without danger of his doing injury to himself or to any other person, the State Government may thereupon order him to be released, or to be detained in custody, or to be transferred to a public mental health establishment if he has not been already sent to such establishment; and, in case it orders him to be transferred to a public mental health establishment, may appoint a Commission, consisting of a Judicial and two medical officers. (2) Such Commission shall make a formal inquiry into the state of mind of such person, take such evidence as is necessary, and shall report to the State Government, which may order his release or detention as it thinks fit.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 376 – BNSS | Procedure where prisoner of unsound mind is reported capable of making his defence.

Section 376 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 376 – BNSS | Procedure where prisoner of unsound mind is reported capable of making his defence. If a person is detained under the provisions of sub-section (2) of section 369, and in the case of a person detained in a jail, the Inspector-General of Prisons, or, in the case of a person detained in a public mental health establishment, the Mental Health Review Board constituted under the Mental Healthcare Act, 2017, shall certify that, in his or their opinion, such person is capable of making his defence, he shall be taken before the Magistrate or Court, as the case may be, at such time as the Magistrate or Court appoints, and the Magistrate or Court shall deal with such person under the provisions of section 371; and the certificate of such Inspector-General or visitors as aforesaid shall be receivable as evidence

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 375 – BNSS | Power of State Government to empower officer in charge to discharge.

Section 375 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 375 – BNSS | Power of State Government to empower officer in charge to discharge. The State Government may empower the officer in charge of the jail in which a person is confined under the provisions of section 369 or section 374 to discharge all or any of the functions of the Inspector-General of Prisons under section 376 or section 377.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 91 – BNSS | Power to take bond or bail bond for appearance

Section 91 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 91 – BNSS | Power to take bond or bail bond for appearance When any person for whose appearance or arrest the officer presiding in any Court is empowered to issue a summons or warrant, is present in such Court, such officer may require such person to execute a bond or bail bond for his appearance in such Court, or any other Court to which the case may be transferred for trial.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 374 – BNSS | Person acquitted on ground of unsoundness of mind to be detained in safe custody

Section 374 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 374 – BNSS | Person acquitted on ground of unsoundness of mind to be detained in safe custody (1) Whenever the finding states that the accused person committed the act alleged, the Magistrate or Court before whom or which the trial has been held, shall, if such act would, but for the incapacity found, have constituted an offence,—(a) order such person to be detained in safe custody in such place and manner as the Magistrate or Court thinks fit; or(b) order such person to be delivered to any relative or friend of such person.(2) No order for the detention of the accused in a public mental health establishment shall be made under clause (a) of sub-section (1) otherwise than in accordance with such rules as the State Government may have made under the Mental Healthcare Act, 2017.(3) No order for the delivery of the accused to a relative or friend shall be made under clause (b) of sub-section (1) except upon the application of such relative or friend and on his giving security to the satisfaction of the Magistrate or Court that the person delivered shall—(a) be properly taken care of and prevented from doing injury to himself or to any other person;(b) be produced for the inspection of such officer, and at such times and places, as the State Government may direct.(4) The Magistr

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 373 – BNSS | Judgment of acquittal on ground of unsoundness of mind.

Section 373 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 373 – BNSS | Judgment of acquittal on ground of unsoundness of mind. Whenever any person is acquitted upon the ground that, at the time at which he is alleged to have committed an offence, he was, by reason of unsoundness of mind, incapable of knowing the nature of the act alleged as constituting the offence, or that it was wrong or contrary to law, the finding shall state specifically whether he committed the act or not

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 90 – BNSS | Issue of warrant in lieu of, or in addition to, summons

Section 90 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 90 – BNSS | Issue of warrant in lieu of, or in addition to, summons A Court may, in any case in which it is empowered by this Sanhita to issue a summons for the appearance of any person, issue, after recording its reasons in writing, a warrant for his arrest— (a) if, either before the issue of such summons, or after the issue of the same but before the time fixed for his appearance, the Court sees reason to believe that he has absconded or will not obey the summons; or (b) if at such time he fails to appear and the summons is proved to have been duly served in time to admit of his appearing in accordance therewith and no reasonable excuse is offered for such failure.

THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

Section 372 – BNSS | When accused appears to have been of sound mind.

Section 372 : Bharatiya Nagarik Suraksha Sanhita, 2023 Section 372 – BNSS | When accused appears to have been of sound mind. When the accused appears to be of sound mind at the time of inquiry or trial, and the Magistrate is satisfied from the evidence given before him that there is reason to believe that the accused committed an act, which, if he had been of sound mind, would have been an offence, and that he was, at the time when the act was committed, by reason of unsoundness of mind, incapable of knowing the nature of the act or that it was wrong or contrary to law, the Magistrate shall proceed with the case, and, if the accused ought to be tried by the Court of Session, commit him for trial before the Court of Session.

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